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Are background checks legal
Are background checks legal
A common usage of background check services is a self evaluation. Sometimes worried, but frequently simply curious individuals will analyze themselves to be aware of what’s out there. Just like your physician advocates self examinations to evaluate your health, so should you keep an eye on and stay aware of your internet reputation. The bottomline is, you have to know what's in the public record.
Do not stay in the dark regarding your personal records or maybe another person. Run a background check on yourself or other folks now and make a change if needed.
When making personnel decisions - including hiring, retention, promotion, and reassignment - employers sometimes want to consider the backgrounds of applicants and employees. For example, some employers might try to find out about the person's work history, education, criminal record, financial history, medical history, or use of social media. Except for certain restrictions related to medical and genetic information (see below), it's not illegal for an employer to ask questions about an applicant's or employee's background, or to require a background check.
https://www.eeoc.gov/eeoc/publications/background_checks_employers.cfm
Some employers look into your background before deciding whether to hire you, or before deciding whether you can keep your job. When they do, you have legal rights. The Federal Trade Commission (FTC) enforces a federal law that regulates background reports for employment, and the Equal Employment Opportunity Commission (EEOC) enforces federal laws against employment discrimination. This publication explains these laws, and how to contact the FTC and EEOC if you think an employer has broken the law. There might be other rules in your city or state, so it's a good idea to check with someone who knows the laws of your area.
https://www.eeoc.gov/eeoc/publications/background_checks_employees.cfm
Some employers check into your background before deciding whether to hire you or keep you on the job. When they do a background check, you have legal rights under federal law. Depending on where you live, your city or state may offer additional protections. It’s important to know whom to contact if you think an employer has broken the law related to background checks. Check with someone who knows the laws where you live.
https://www.consumer.ftc.gov/articles/0157-background-checks
The EEOC Enforcement Guidance recommends a number of “best practices” for employers to avoid liability for discrimination based on the use of criminal records in employment. We commend these best practices to contractors. In particular, contractors may consider ensuring that any policies and procedures that screen applicants and employees for criminal conduct require an individualized assessment.
https://www.dol.gov/ofccp/regs/compliance/directives/dir306.htm
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